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(영문) 대전지방법원 2015.09.02 2014구합102936

보조금환수처분 등 취소

Text

1. As to the Plaintiff on June 13, 2014:

A. 536,023,610 won out of the disposition of refunding subsidies to B facilities

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation established on December 11, 1972 for the purpose of establishing and operating residential facilities for the disabled, and is operating facilities such as D, persons with severe disabilities, B, and C, which are residential facilities for the disabled, and E and F, which are residential facilities for the disabled, for the purpose of carrying out the above target business.

B. The Ministry of Health and Welfare conducted an on-site investigation on the Plaintiff’s facilities from February 10, 2014 to February 21, 2014, and notified the Defendant of the following administrative dispositions:

1. The government making an excessive claim for personnel expenses of living rehabilitation teachers who are placed in excess of the disabled persons shall have two life counselors per 4.7 persons with severe illnesses or infants and children with disabilities to provide proper services to the disabled persons admitted to residential facilities for the disabled, and, depending on the support of personnel expenses required therefor, have employees assigned to welfare facilities for the disabled so that they can meet the support standards and manage the assigned human resources so that they can perform their duties

However, in B, despite the employment and management of human resources in accordance with the standards for supporting the employment of living facilities for persons with disabilities in 2013 in accordance with the guidelines for guidance for welfare facilities for persons with disabilities in 2013, there was a fact that 11 (2), from 2011 to January 2014, personnel expenses of 201, 201, 38,842,570 won for a total of 11 persons (4 persons, 201, 2012, 5, 2013), and 10 persons among 31 persons with severe disabilities, are performing duties different from their original purpose of employment, such as assistance for dietitians, rather than duties for life guides.

388,842,570 won shall be recovered for the execution of personnel expenses of life guides who are placed more than the subsidy support criteria.

The total number of the retirement days of his/her name and membership shall be the 72th of February 201, 201, when he/she works on January 2014 G, 2011.